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The accused shall announce the summary of the judgment of innocence.
Reasons
1. On November 24, 2018, at around 02:20, the Defendant: (a) requested a policeman to stop and continue to drive a vehicle before the patrol police box No. 31 in the order of Yongsan-gu, Seoul, which was patroled in front of Yongsan-gu; (b) in this case, the Defendant’s eye showed a red red view; and (c) the Defendant’s eye was flabing and walked with a strong drinking, and the Defendant’s eye was used for a horse that was bread and subdivided into drinking, so there was a considerable reason to recognize that the Defendant was driven under the influence of alcohol; and (d) the Defendant was bread by using a drunk so that the Defendant was under the influence of alcohol so that the Defendant was under the influence of alcohol, and thus, it was demanded that the Defendant comply with the breathing measurement by inserting the drunk.
그럼에도 불구하고 피고인은 음주측정기에 짧게 입김을 불어 넣는 시늉만 하고, 호흡을 불어 넣는 척 하면서 호흡을 들이 마시고, 입안에 상처를 내어 피를 흘리는 방법으로 세 차례에 걸쳐 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.
2. Determination:
A. Article 148-2(1)2 of the Road Traffic Act of the relevant legal principles and relevant regulations provides that “A person who has reasonable grounds to believe that a person is under the influence of alcohol and fails to comply with a measurement by a police officer pursuant to Article 44(2) of the same Act shall be punished by imprisonment with prison labor for at least one year up to three years or by a fine of at least five million won but not exceeding ten million won.”
The phrase "cases of failing to comply with the police officer's measurement" referred to in the above penal provision refers to cases where it is objectively evident that a driver who has reasonable grounds to recognize that he/she is under the influence of alcohol has no intention to respond to a drinking test in light of the overall progress of the case, and it is reasonable to deem that such driver has complied with the first measurement of a police officer only if he/she refuses the first measurement